Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Preliminary provisions

9: Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)

You could also call this:

“When non-citizens are considered to be in New Zealand illegally”

If you are not a New Zealand citizen, you are considered unlawfully in New Zealand if you are in the country without a visa or without being granted entry permission under the Immigration Act 2009.

Your status as being unlawfully in New Zealand starts from the day you arrived if you have never been lawfully in the country since your arrival. If you had a visa that expired or was cancelled, your unlawful status begins the day after that happened, unless you were granted another visa. The same applies if you had a permit under the old law that expired or was revoked.

If you were born in New Zealand on or after 1 January 2006 and are not a New Zealand citizen, the calculation of your unlawful status is determined by sections 373 and 374 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440587.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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“Explaining when visas or entry permissions are mistakenly granted”

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“How the law defines a large group of people arriving in New Zealand together”

Part 1 Preliminary provisions

9Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)

  1. In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand if the person is in New Zealand but—

  2. is not the holder of a visa granted under this Act; or
    1. has not been granted entry permission under this Act.

      1. A person's status as being unlawfully in New Zealand is calculated—

      2. as starting on the date the person arrived in New Zealand, if the person has never been lawfully in New Zealand since his or her arrival; or
        1. as starting on the day after the date on which the person's visa expired or was cancelled without another visa being granted; or
          1. as starting on the day after the date on which a permit granted to the person under the former Act expired or was revoked without another permit being granted under that Act; or
            1. in accordance with sections 373 and 374, if—
              1. the person was born in New Zealand on or after 1 January 2006; and
                1. he or she is not a New Zealand citizen.

                Notes
                • Section 9(2)(ba): inserted, on , by section 7 of the Immigration Amendment Act 2015 (2015 No 48).